AMENDED AND RESTATED LOAN AND SECURITY AGREEMENTLoan and Security Agreement • September 8th, 2008 • Poniard Pharmaceuticals, Inc. • In vitro & in vivo diagnostic substances • New York
THIS AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT (the “Agreement”) dated as of September 2, 2008 by and among GE Business Financial Services Inc. (“GEBFS”); SILICON VALLEY BANK (“SVB”) (GEBFS and SVB each individually a “Lender”, and collectively the “Lenders”), GE Business Financial Services Inc. in its capacity as agent for the Lenders (in such capacity, the “Agent”), GEBFS and SVB in their capacities as joint lead arrangers (in such capacity, the “Arrangers”), and PONIARD PHARMACEUTICALS, INC., a Washington corporation (“Borrower”) provides the terms on which Lenders shall lend to Borrower and Borrower shall repay Lenders. The parties agree as follows:
